A Huge Win for Disabled Employees

On March 25, 2022, Menken Simpson & Rozger LLP secured another legal victory for discrimination plaintiffs – this time in Malzberg v. New York University, 19-cv-10048 (S.D.N.Y.), a disability discrimination case brought under the Americans with Disabilities Act and the New York City Human Rights Law. Our client, Larry Malzberg, worked as a physician’s assistant at NYU Langone Health for 18 years before he was unlawfully forced out of his job because of a back-related disability.  

In a 38-page decision, Judge Lewis J. Liman of the Southern District of New York denied NYU's motion for summary judgment and found in Mr. Malzberg’s favor, ruling that the evidence was sufficient for a reasonable juror to conclude that NYU flouted the interactive process and failed to accommodate his disability.  

Judge Liman’s decision reaffirms several key aspects of the legally required interactive process, including that there are no "magic words” an employee must use to trigger his employer’s obligation to initiate the reasonable accommodations process, and that an employee is not legally required to humor an employer who acts in bad faith.  

The case is being litigated by partner Scott Simpson and third-year associate Raya Saksouk. If you are experiencing discrimination in the workplace, contact the attorneys at MSR for a consultation.